RICE v. MOSES


300 A.D.2d 213 (2002)

752 N.Y.S.2d 318

VINCENT W. RICE, Respondent, v. RICHTER MOSES et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 31, 2002.


Whether plaintiff's decedent suffered a serious injury is a factual issue raised by the decedent's treating physician's affirmation. The affirmation correlates the decedent's claimed inability to engage in her customary daily activities 5½ months after the accident to range of motion limitations found on his own physical examination and upon MRI reports describing bulging discs at C2-C3 through C6-C7 with cord impingement and central spinal stenosis appreciated as described...

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